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MACK v. LEHIGH VALLEY RAILROAD COMPANY

No. 13238.

283 F.2d 405 (1960)

Claude MACK, Appellant, v. LEHIGH VALLEY RAILROAD COMPANY.

United States Court of Appeals Third Circuit.

Decided October 24, 1960.

Attorney(s) appearing for the Case

Arnold M. Stein, Jersey City, N. J. (Samuel M. Cole, Jersey City, N. J., Jacob Rassner, Theodore H. Friedman, New York City, Louis J. Greenberg, Jersey City, N. J., on the brief), for appellant.

H. Curtis Meanor, Jersey City, N. J. (Lamb, Langan & Blake, Jersey City, N. J., Arthur J. Blake, Jersey City, N. J., James J. Langan, Jersey City, N. J., on the brief), for appellee.

Before BIGGS, Chief Judge, and HASTIE and FORMAN, Circuit Judges.

PER CURIAM.

The appeal at bar is without merit. It is clear that the appellant, Mack, when he sustained his injuries, was a trespasser on the Railroad's property, and that, as such, he was within the purview of N.J.S.A. 48:12-152 which, in substance, is a bar to recovery by trespassers, against a railroad, based upon the negligence of the latter. As the defendant Railroad conceded at pre-trial, it cannot invoke the provisions...

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